Mediation Centre of Europe

Standard Agreements

NEW SHORT MEDIATION AND ARBITRATION STANDARD CLAUSE
Any dispute between the parties relating to or arising from this contract shall be submitted to a procedure of mediation conducted by a sole mediator, appointed and proceeding in accordance with the Mediation Rules of this body by the local branch – if any – of the Mediation Centre for Europe, the Mediterranean and the Middle East having its seat in Strasbourg, which Rules are in force at the date of filing of the application for mediation.
In the event of the mediation not being successful, the arbitration proceedings will be conducted according to the Rules of the European Court of Arbitration by a sole arbitrator who will be appointed, if the dispute is domestic, by the local Chapter – if any – of the European Court of Arbitration and in the absence of a local Chapter, as well as to all non domestic disputes, by the Central Registrar competent for that area: Strasbourg for Northern and Central Europe and Valencia for disputes between parties belonging to Southern Europe, the Mediterranean and the Middle East (as to France, the Department of Provence, Alpes, Côte d’Azur, les Bouches du Rhône, Var, Roussillon and Languedoc) Portugal, the Balkans, Romania, Bulgaria, Ukraine and in general all the countries of Eastern Europe.
Place of Arbitration ________________________
Language of the proceedings _________________
As to the substance of the dispute :
 either the substantive law of _____________
 or ex bono et aequo

NEW MORE COMPREHENSIVE MEDIATION AND ARBITRATION STANDARD CLAUSE
Any dispute between the parties relating to or arising from this contract shall be submitted to a procedure of mediation conducted by a sole mediator, appointed and proceeding in accordance with the Mediation Rules of this body by the local branch – if any – of the Mediation Centre for Europe, the Mediterranean and the Middle East having its seat in Strasbourg, which Rules are in force at the date of filing of the application for mediation.
In the event of the mediation proceedings not taking place or being unsuccessful, any dispute arising from said relationships between the parties shall be determined in accordance with the Arbitration Rules and the Internal Rules of the European Court of Arbitration – being part of the European Centre of Arbitration having its seat at Strasbourg (in force at the time the application for arbitration is filed), with right to appeal – unless forbidden by the applicable procedural law – including for wrong choice of the substantive law and or for errors of substantive law and errors of fact, by way of rehearing by an appellate arbitral tribunal (if so allowed by the applicable procedural law), of which adoption of this clause constitutes acceptance.
The arbitration proceedings will be conducted according to the provisions of the said Rules by a sole arbitrator who will be appointed, if the dispute is domestic, by the local Chapter – if any – of the European Court of Arbitration and in the absence of a local Chapter, as well as to all non domestic disputes, by the Central Registrar competent for that area: Strasbourg for Northern and Central Europe ; Valencia for disputes between parties belonging even one of them to Southern Europe, the Mediterranean and the Middle East (as to France, the Department of Provence, Alpes, Côte d’Azur, les Bouches du Rhône, Var, Roussillon and Languedoc) Portugal, the Balkans, Romania, Bulgaria, Ukraine, the Black Sea and in general all the countries of Eastern Europe.
The parties undertake to keep, and to cause their Counsel, advisors, managers, employees and agents to keep strictly confidential the dispute, the facts, the documents, the evidence and the award.
The parties agree to conduct and to cause their Counsel to conduct themselves in a manner which limits the duration of the proceedings to six months, and to avoid the production of documents and the calling of witnesses who are unnecessary or irrelevant, restraining motion practices, avoiding delays, vexatious or repetitive conduct and in general any overlawyering and accepting to pay to the other parties all legal costs caused by a breach of such commitment, even in cause of final success in the dispute.
Each party further undertakes to promptly reimburse the other parties which should pay its share of any advance requested by the European Court of Arbitration or by its local competent Chapter – if any – for the proceedings and to recognise that the other parties shall be entitled to an ex parte summary judgment, or other summary proceedings, against it for such repayment.
The parties request the arbitrator to issue as soon as possible an interim award for the part of a claim or cross claim which is undisputed or manifestly grounded.
Place of Arbitration ________________________
Language of the proceedings _________________
As to the substance of the dispute :
 either the substantive law of _____________
 or ex bono et aequo

STANDARD INTERNATIONAL ARBITRATION CLAUSE
Any dispute arising from the relationships between the parties to this contract shall be determined in accordance with the Arbitration Rules and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, with right of appeal, unless this is not permitted by the applicable procedural law, by way of rehearing by an appellate arbitral tribunal as provided by the Rules, and of which adoption of this clause constitutes acceptance
 by one arbitrator*
 by three arbitrators*
who will be chosen according to the provisions of the said Rules.
Place of Arbitration ____________________________
Language of the proceedings _____________________
Applicable rules of substantive law_________________
*Specify in the clause the number of arbitrators desired

STANDARD DOCUMENTS ONLY ARBITRATION CLAUSE
Any dispute arising from the relationships between the parties to this Agreement shall be subject to determination by a sole arbitrator selected and appointed by the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg in accordance with the Documents Only Arbitration Rules of the Court in force at the time the application for arbitration is filed.

STANDARD MEDIATION CLAUSE
Any dispute between the parties relating to or arising from this contract shall be submitted to a procedure of mediation conducted by a sole mediator selected, appointed and proceeding in accordance with the Mediation Rules of the European Court of Arbitration having its seat in Strasbourg, which Rules are in force at the date of filing of the application for mediation.
If mediation is successful the report of the mediator will constitute a settlement between the parties settling the existing dispute or for avoiding a future dispute. A party may seek by or through any court enforcement of any reciprocal obligation arising from such settlement.

STANDARD PRE-ARBITRAL REFEREE CLAUSE
Any party to the contract to which this clause is incorporated and who seeks an urgent conservatory or interlocutory injunction, prior to the appointment of the Arbitral Tribunal or before a State Court is seized, may submit its application to a third party acting as a Pre-Arbitral Referee, appointed by the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg - which will proceed in accordance with the European Court of Arbitration's Pre-Arbitral Referee Rules in force at the time filing of the application for pre-arbitral referee is made. The Referee may render provisional determinations where public policy provisions of the place of enforcement of such a measure do not limit jurisdiction only to State Courts. Each party agrees to execute without delay the determinations made by the pre-arbitral referee without prejudice to the right to later submit the matter to the competent jurisdiction.
The parties agree that any pre-arbitral referee determination may be enforced by application to the competent state court of the place of enforcement which may order penalties for failure to comply.